THE STATE OF MAHARASHTRA Vs. MADHAV KHANDERAO AMBIKAR

JUDGEMENT

(1.) This is an appeal from the judgment and order of Kantharia J. dated 6th Nov., 1985 allowing the respondent's writ petition.

(2.) The respondent (original petitioner) joined the services of the appellant (State of Maharashtra) as Legal Assistant in 1960. In 1975 he was promoted to the post of Superintendent in the Law and Judiciary Department of the appellant. On 1st June 1981 he was promoted on temporary basis to the post of Under-Secretary in the Law and Judiciary Department.

(3.) It appears that for the years 1981- 82 and 1982-83 adverse remarks had been made in the confidential records of the respondent. They were not communicated to the respondent until 24th June 1985. On 29th Aug. 1985 the respondent made a representation against the adverse remarks.. On 2nd Sept. 1985 the respondent was issued with an order reverting him to the post of the Superintendent with immediate effect. On 6th Sept. 1985 the petition was filed to pray that the reversion order be quashed. On the same day the respondent's representation against the adverse remarks was rejected. On 10th Oct. 1985 the petition was amended to seek the quashing of the order declining to re move the adverse remarks from the respondent's confidential records.